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H. L. A. Hart : Joseph Raz

Utilitas 5 (2):145-156 (1993)

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  1. Beyond the Distinction Between Positivism and Non-Positivism.Stephen Perry - 2009 - Ratio Juris 22 (3):311-325.
    In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary features." Since there (...)
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  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.
    According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...)
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  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.Svein Eng - 2011 - Ratio Juris 24 (2):194-246.
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  • Social and Justified Legal Normativity: Unlocking the Mystery of the Relationship.Veronica Rodriguez-Blanco - 2012 - Ratio Juris 25 (3):409-433.
    Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary (...)
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  • Jurisprudential Theories and First‐Order Legal Judgments.Kevin Toh - 2013 - Philosophy Compass 8 (5):457-471.
    The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...)
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  • Nothing ‘Mere’ to It: Reclaiming Subjective Accounts of Normativity of Law.S. Swaminathan - 2019 - Journal of Human Values 25 (1):1-14.
    If the bindingness of morality was to rest on something as ‘subjective’ as the non-cognitivist says it does, the grouse goes, and morality itself would come down crashing. Nothing less than an ‘objective’ source of normativity, it is supposed, could hold morality in orbit. Some of these worries automatically morph into worries about the projectivist model of normativity of law as well: one which understands the authority or normativity of law in terms of subjective attitudes taken towards the law. As (...)
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  • A Tale of Two Harts: The Paradox in Essays on Bentham.Shivprasad Swaminathan - 2017 - Legal Theory 23 (1):27-54.
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